Bill Text: TX SB1313 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2023-04-04 - Co-author authorized [SB1313 Detail]
Download: Texas-2023-SB1313-Introduced.html
| 88R11544 MCF-D | ||
| By: Eckhardt | S.B. No. 1313 | |
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| relating to the confinement in a county jail of certain defendants | ||
| who are incompetent to stand trial and to the compensation to the | ||
| county for the costs of that confinement. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 46B, Code of Criminal | ||
| Procedure, is amended by adding Article 46B.014 to read as follows: | ||
| Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO | ||
| COUNTIES. (a) The commission shall take custody of a defendant | ||
| awaiting transfer under an order issued under Article 46B.073 to a | ||
| facility operated by or under contract with the commission, not | ||
| later than the 45th day following the date the order is issued. | ||
| (b) If the commission does not take custody of a defendant | ||
| within the period prescribed by Subsection (a), the commission | ||
| shall compensate the county for the cost of confinement for each day | ||
| that the defendant remains confined in the county jail following | ||
| the expiration of that period. The compensation must be equal to | ||
| the amount that would have been incurred by the commission to | ||
| confine the defendant for that period. | ||
| SECTION 2. Article 46B.014, Code of Criminal Procedure, as | ||
| added by this Act, applies only to compensation to a county for the | ||
| cost of a defendant's confinement that occurs on or after January 1, | ||
| 2024, regardless of whether the order of commitment is issued | ||
| before, on, or after that date. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
